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Demotion after returning from FMLA

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Molly333

New member
I was on FMLA for surgery for 12 weeks, including the last 7 weeks of the year. One hour after I return, my boss pulls me into his office and tells me he is demoting me. He states the reason is because I did not hit my team goal for the group that I manage. I did exceed my individual producer goal. He states that he is replacing me with one of my previous male direct reports who I have trained and developed from day one. He has two years experience. I have 15 years experience (5 of which in the manager role). I ask what he will bring to the table that he feels that I did not and he says because he has been a new account manager more recently than I have, he will be more relevant and relatable to the other new account managers and will bring a better energy to the group. I have had an impeccable record of success my entire career with this company, almost always ranking in top 25 performers nationally. There were no performance conversations had prior to my leave. In fact I recieved a glowing review 2.5 months before I left. During that review we had a discussion about whether I still liked my job and if I wanted to stay in it and I said yes and then asked his reason for asking, specifically asked him if he wants to take me out of the role and he assured me that wasnt the case. We dont see eye to eye on many issues and I give him feedback when I dont agree with decisions he makes which he doesnt like. He has told me that he doesnt like working with me because I challenge him and give him feedback and he says conversations are difficult sometimes so he avoids speaking to me. So I know he doesnt like me and I think he waited for the timing to be right to try and force me out blaming it on my goal that I didnt hit when I was out almost the last quarter of the year (actually my numbers tanked during the time I was out when my team was supposed to be under his direction). There is another man in my office in the leadership role I was in who missed his goal two years in a row and did not get a demotion. I hit goal 3 of 5 years, the other miss was in 2016. I believe there is gender discrimination, FMLA retaliation and also age discrimination involved here. I have reported to HR and she keeps trying to tell me she will help me find a different role within the company but at this point I feel my boss has targeted me and I want out from within his circle of influence. HR told me to inform my boss of our conversation and it did not go well and ended poorly as well. The environment at work has become very uncomfortable and hostile and I dont want to be around him anymore. I have asked HR to discuss severance packages and her response was we dont do severance packages for those who choose to leave the company. I told her I feel like I am being forced to leave and she reverts to offering other positions (which would likely involve increased travel and or relocation, not an option). What are my next steps? I really dont want to file a law suit but I feel like I am being backed into a corner here. Any advice?
 


Taxing Matters

Overtaxed Member
We dont see eye to eye on many issues and I give him feedback when I dont agree with decisions he makes which he doesnt like. He has told me that he doesnt like working with me because I challenge him and give him feedback and he says conversations are difficult sometimes so he avoids speaking to me.
This suggests that this might be the real reason he's demoting you and perhaps trying to get you at least out of his work group if not the company as a whole. If that is the real reason for it, that's not illegal. So why go through the dog and pony show to say it's for performance? Probably because in your particular company he's got to justify a termination or demotion of his employees to his bosses, and saying "I don't like Molly because she gives me feedback I don't like" wouldn't cut it. There are a lot of bosses out there that don't like employees disagreeing with their decisions and giving feedback that amounts to telling the boss that the employee knows better how to do things. And that can lead to those employees getting fired as a result. Employees need to understand what kind of boss they have and adapt their working strategy as a result. If you have a boss that does not welcome dissent and criticism then don't provide that negative feedback if you care about keeping your job. Otherwise, you may find yourself hitting the unemployment line when the boss finally tires of it enough to fire you. It is not unusual that the best way to get along and get ahead with a lot of bosses is to simply take the direction they give you and do your best to achieve it and avoid showing disagreement with the decisions the boss makes. It sounds like it may be too late for you to adjust and repair the damage done to the relationship with your boss, though. If that's the case and given that you are clearly unhappy working in the current circumstances, you either want to poke the HR people to find you that other slot or dust off your resume and look for another place to work.

On the other hand, if the real reason for the demotion and other problems is because you took FMLA leave or because of your age or sex then the employer has violated the law. In order to pursue the sex and age discrimination claims under federal law you need to first make a complaint with the federal Equal Employment Opportunity Commission (EEOC). That must be done within either 180 days or 330 days from the discriminating act depending on the state in which you work. Your state might also have a law that makes discrimination by age or sex illegal, too, and might also require a complaint to a state agency before you may sue. The time limits might be different than for complaints under federal law. You want to be sure you get complaints in timely because if you fail to do that you lose your right to sue. What you say in the complaint to the EEOC and state agency matters because it can impact your claim in the lawsuit later. With that in mind, you'd want to see an attorney who litigates this kinds of claims pretty promptly to get advice on filing the complaint and, if that complaint does not resolve the problem, the attorney can file the lawsuit for you. The FMLA claim is different in that no complaint to a federal agency is needed before suing for a violation. But still you would want help from a lawyer in pursuing that lawsuit.

Bear in mind that the burden of proof here starts with you to show that the demotion and other things were caused by illegal discrimination/FMLA violations. Once you put forward what lawyers call a prima facie case (a case that on the face of it appears to state a valid claim) the employer will need to defend showing that the reason for what happened was not something illegal like sex or age discrimination, or a FMLA violation. If the employer can convince the court that the reason was that the manager simply didn't like you challenging his decisions, it would win the case (though at the cost, perhaps, of making the company look bad).

The lawyer you consult can tell you how strong a case you may have and what to expect. Most will give you a free initial consultation, so you don't lose much other than a little of your time to see one, or perhaps several, and then decide what to do after hearing what they have to say.
 

Chyvan

Member
I dont want to be around him anymore. I have asked HR to discuss severance packages and her response was we dont do severance packages for those who choose to leave the company. I told her I feel like I am being forced to leave and she reverts to offering other positions (which would likely involve increased travel and or relocation, not an option). What are my next steps? I really dont want to file a law suit but I feel like I am being backed into a corner here.
Demotions can make for "good cause" quits. If you remotely think that you're going to quit, set the stage so that you can at least have a good shot at getting UI so you don't leave empty handed. A lot goes into getting UI in a quit so don't just up and walk out.

Also, there's timing aspects. If you start working in the demoted position, you'll lose your good cause because of "acceptance." You must decide quickly what you want to do.
 

Taxing Matters

Overtaxed Member
Demotions can make for "good cause" quits.
But quitting may diminish the claim for damages for an illegal discrimination or FMLA claim, which is part of the reason behind my recommendation before that the OP promptly see an attorney who litigates such claims before taking action.
 

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